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Civil Revision No. 109 of 1971, decided on 3rd March 1980.
‑‑‑ O. I, r. 10(2)‑Addition of parties to suit‑Predecessor‑in‑interest of respondents occupants of plot filing suit for declaration and injunction to restrain Municipal Corporation from forcible removal or demolotion of his structure‑Suit decreed, mainly on ground of invalidity of notice by Corporation and right of predecessor -in‑interest of occupants of plot not determined ‑ Predecessor‑in -interest of occupants of plot filing second suit challenging validity of Corporation's contemplated action‑Held, decision of suit bound to affect interest of allottee of plot (petitioner) and in case of suit being decreed, unautborised construction on plot would continue to stand and such result prejudicially affecting petitioner, petitioner held, necessary party to suit.
Haji Abdul Wahab v. Karachi Municipal Corporation P L D 1956 Kar. 391 ref.
--------O. I, r. 10(2)‑Addition of parties to suit‑Petitioner applying to be joined as party in second suit filed by predecessor‑in‑interest of occupants of plot allotted to petitioner‑Petitioner not filing suit for possession of plot in spite of prior suit having been decided in favour of predecessor‑in‑interest of and occupants of plot‑Held, such circum. stance would not bar petitioner from being joined as party and Court has only to see party interested in subject‑matter of suit or likely to be prejudiced by its result.
Jan Muhammad Dawood for Applicant.
Ikram Ahmed Ansari for Respondents Nos. 1 and 9.
S. M. Muslim Naqvi for Respondent No. 10.
Date of hearing : 3rd March 1980.
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